Stalking and harassment charges are among the most serious allegations an individual can face in California. These offenses not only carry the potential for severe criminal penalties—including jail or prison time—but can also result in long-lasting civil consequences, restraining orders, and irreparable damage to your reputation and future opportunities. If you or someone you care about is facing these types of charges, it is crucial to understand exactly what is at stake and why experienced legal representation is essential.

 

In this comprehensive guide, we will explore:

• The legal definitions of stalking and harassment

• The difference between misdemeanor and felony charges

• The potential penalties and long-term consequences

• Common defenses and what to do if you are accused

• Why choosing the right attorney can make all the difference

For more information about related criminal charges, visit our Violent Crimes Defense page or read our blog on Violation of Restraining Orders.

What Constitutes Stalking and Harassment in California?

Legal Definitions

Stalking is defined under California Penal Code § 646.9 as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat intended to place that person in reasonable fear for their safety or the safety of their immediate family.

Harassment generally refers to a course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes them and serves no legitimate purpose.

Common Examples

• Repeated unwanted phone calls, texts, or emails

• Following someone to their home, work, or other locations

• Sending threatening messages or gifts

• Showing up uninvited at someone’s residence or workplace

• Cyberstalking through social media or other online platforms

The Severity of Stalking and Harassment Charges

Misdemeanor vs. Felony: What’s the Difference?

Stalking and harassment are considered “wobbler” offenses in California, meaning they can be charged as either misdemeanors or felonies depending on the circumstances of the case and the defendant’s criminal history.

Misdemeanor Charges:

• Up to 1 year in county jail

• Fines up to $1,000

• Probation and mandatory counseling

• Possible restraining orders

Felony Charges:

• Up to 5 years in state prison

• Fines up to $1,000 (sometimes higher in aggravated cases)

• Formal probation

• Mandatory counseling

• Long-term or permanent restraining orders

Felony charges are more likely if:

• The stalking was in violation of a court-issued protective order

• The defendant has a prior stalking conviction

• The conduct involved credible threats of violence or caused significant fear

Aggravating Factors

Certain factors can elevate the seriousness of the charges:

• Use of weapons or threats of violence

• Targeting a minor or vulnerable person

• Stalking in connection with domestic violence

• Prior convictions for similar offenses

Legal and Civil Consequences

Criminal Penalties

Being convicted of stalking or harassment can result in:

• Jail or prison time

• Significant fines

• Mandatory participation in counseling or treatment programs

• Probation or parole

• A permanent criminal record

Civil Penalties

Victims may also pursue civil lawsuits for damages, including:

• Compensatory damages (medical bills, therapy costs, lost wages)

• Punitive damages (in cases of particularly egregious conduct)

• Injunctive relief, such as restraining orders

Restraining Orders

A restraining order can be issued even before a criminal conviction and can have immediate effects on your freedom and daily life. Violating a restraining order is itself a serious criminal offense and can lead to additional charges and penalties.

The Long-Term Impact of a Conviction

Stalking and harassment convictions can have devastating, lifelong consequences:

• Employment: Many employers conduct background checks and may refuse to hire individuals with these convictions.

• Housing: Landlords may deny rental applications.

• Professional Licenses: Certain careers require clean records, and a conviction may result in loss of licensure.

• Personal Relationships: The stigma associated with these charges can affect family, friendships, and community standing.

• Immigration Status: Non-citizens may face deportation or be denied naturalization.

For more information on how criminal charges can affect your future, read our About Mark Broughton page and see how our firm has successfully defended clients facing serious allegations.

Defending Against Stalking and Harassment Charges

Common Defenses

• Lack of Intent: The alleged conduct was not willful or malicious.

• False Accusations: The charges are based on misunderstandings or fabricated evidence.

• No Credible Threat: There was no actual threat or the alleged victim did not reasonably fear for their safety.

• Mistaken Identity: The accused was not the person responsible for the conduct.

• Constitutional Rights: The defendant’s rights were violated during the investigation or arrest.

Why Legal Representation Matters

The stakes in stalking and harassment cases are high. Prosecutors aggressively pursue these charges, and courts are often sympathetic to alleged victims. An experienced criminal defense attorney can:

• Investigate the facts thoroughly

• Challenge the prosecution’s evidence

• Negotiate for reduced charges or dismissal

• Represent you in court and protect your rights

Mark Broughton has over 40 years of experience defending clients accused of violent crimes, including stalking and harassment. Learn more about his approach on our Criminal Defense Attorney page.

Frequently Asked Questions

1. Can Stalking or Harassment Be Charged Based on Online Conduct?

Yes. Cyberstalking and online harassment are prosecuted under the same statutes as in-person conduct. This includes repeated unwanted messages, threats, or other harassing behavior via email, social media, or other digital platforms.

2. What Should I Do If I Am Accused?

• Do not contact the alleged victim.

• Do not attempt to explain or justify your actions to law enforcement without an attorney present.

• Preserve any evidence that may support your defense (e.g., texts, emails, social media posts).

• Contact an experienced criminal defense attorney immediately.

3. What If There Was No Physical Contact?

Physical contact is not required for a stalking or harassment charge. The law focuses on the pattern of conduct and the impact on the alleged victim’s sense of safety.

How Mark Broughton Can Help

With a proven record of success in defending clients against serious criminal charges, Mark Broughton understands the complexities of stalking and harassment cases. He has handled hundreds of jury trials and obtained not guilty verdicts in some of the most challenging cases in California.

Why choose Mark Broughton?

• Certified Specialist in Criminal Law by the State Bar of California

• Over four decades of experience

• Compassionate, ethical, and aggressive defense

• Personalized attention to every client

If you are facing stalking or harassment charges, don’t wait. Contact Mark Broughton today for a confidential consultation.

Conclusion

Stalking and harassment charges are extremely serious, with consequences that can affect every aspect of your life. Whether you are facing a misdemeanor or felony, the importance of having a skilled defense attorney cannot be overstated. Mark Broughton is dedicated to protecting your rights and your future.

For more information or to schedule a consultation, visit our Contact Page or call our office today.